WASHINGTON, DC - The U.S. Department of Agriculture (USDA) has imposed sanctions on Lucero Produce LLC, of Denver, Colo., for violating the Perishable Agricultural Commodities Act (PACA). These sanctions include barring the business, the principal operator of the business, and any ‘responsibly connected’ persons, as defined in the PACA, from engaging in PACA-licensed business or other activities without USDA approval.

Lucero Produce failed to pay $126,626.50 to 14 sellers for produce purchased, received, and accepted in interstate and foreign commerce from June 2022 to Sept. 2022, in violation of the PACA. Lucero Produce has been barred from operating in the produce industry until July 8, 2027, and then only after it applies for and is issued a new PACA license by USDA, along with the posting of a USDA-approved surety bond.

The company’s principals, Jose Silvestre and Kristen Waller, may not be employed by or affiliated with any PACA licensee until July 8, 2026, and then only with the posting of a USDA-approved surety bond.

USDA is required to publish the finding that a business has committed willful, repeated, and flagrant violations of PACA as well as impose restrictions against those principals determined to be responsibly connected to the business during the violation period. Those individuals, including sole proprietors, partners, members, managers, officers, directors, or major stockholders may not be employed by or affiliated with any PACA licensee without USDA approval.

By issuing these penalties, USDA continues to enforce the prompt and full payment for produce while protecting the rights of sellers and buyers in the marketplace.

For further information, contact the PACA Division’s Investigative Enforcement Branch, at (202) 720-6873 or [email protected].